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HomeMy WebLinkAbout99-06392,: ter, ,.? !rJ '`v' ;, ,. O v. ?.. Tx„ ' s x,11. / r <4 ?- a7sj y 1 ? 'r i / g Y Y ?• ''S r P L'T f ? S to, 4 ire y ?• i V . Q9 1 .sf S }F` i A x ` NS . ? 3 ? 1 E '•' { ? 6 . ? ? ? it ' . IL k, Q 6 s'.. l • ? ;.f. Y ?? ?TW .fi I a a. / I .. ?. JEREMY T. FINKELMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - CUSTODY MELISSA J. MORENO, Defendant NO. 99. 639., ecucaB -re-.. AND NOW, iCtnrP, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before bit 6A i the conciliator, at _ ?1K}"? rma,t1?11 Al on the -L day of)Z, att., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, ey: , Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 FILED-OFFICE CE T Q7 99 OCT 26 PH 12: 11) CUMBER"ND COUNTY PENNSYL;7N'A JEREMY T. FINKELMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY MELISSA J. MORENO, Defendant NO. 94- t- 3 q.2 eu?d T ° CUSTODY COMPLAINT 1. The Plaintiff is JEREMY T. FINKELMAN (hereinafter referred to as "Father"), who currently resides at 647 Hollow Road, Radnor, Chester County, Pennsylvania, 19087. 2. The Defendant is MELISSA J. MORENO (hereinafter referred to as "Mother"), who currently resides at 3527 September Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff seeks shared legal and extended partial physical custody of the following child: NAMF. PRESENT RESIDENCE DATE OF BIRTH Madison Emiko Finkelman Moreno 3527 September Drive 8/17/95 Camp Hill, PA 17011 4. The child is presently in the custody of the Mother who resides at 3527 September Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. During the past five years the child has resided with the following persons at the following addresses: DATES 8/17/95 - 9/96 ADD_ R_ F.SM Butler, Pennsylvania NAME OFP . SONS IN HOUSEHOLD Mother, Aunt, Uncle, Cousin, Child Dates Unknown Mechanicsburg, Pennsylvania Friend Friend's husband Child 7 - 7 120 November Drive, #4 Mother Camp Hill, PA 17011 Grandmother Child 7 - Present 3527 September Drive Mother Camp Hill, PA 17011 Grandmother Child 6. The Mother of the child is MELISSA J. MORENO, currently residing at 3527 September Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. Mother is single. 7. The Father of the child is JEREMY T. FINKELMAN, currently residing at 647 Hollow Road, Radnor, Chester County, Pennsylvania, 19087. Father is single. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Raechal Finkelman 647 Hollow Road Radnor, PA 19087 RELATIONSHIP Mother Stephen Finkelman Jennifer Finkelman (when home from school) Father Sister 2 9. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: Linda Moreno 3527 September Drive Camp Hill, PA 17011 Grandmother Madison Emiko Finkelman Moreno Son 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Father and child are bonded and have a loving relationship; b. Best interest of the child requires a normal relationship to be kept between Father and child free from contact with Mother; and C. No basis exists for supervised visitation. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and physical custody of the child to the Plaintiff. DATE: October 19, 1999 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff I 1', r?SifS ; AEI ?1 !N 3 y "yyy. ftS?? Y+. 4 JEREMY T. FINKELMAN, Plaintiff V. MELISSA J. MORENO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. I, JEREMY T. FINKELMAN, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. O'e", ? KELMAN ;w id y{i? JEREMY T. FINKELMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA J. MORENO, Defendant : NO. 99-06392 CIVIL ACTION - CUSTODY I, Barbara Sumple-Sullivan, Esquire, do hereby certify that a copy of the Custody Complaint in the above-captioned matter was made by United States Mail, Restricted Delivery, Certified No. Z 143 612 079, Return Receipt Requested, on the above-named Defendant, Melissa J. Moreno, on October 23, 1999, at Defendant's last known address: 3527 September Drive, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: October 26, 1999 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff i r SENDER: ¦daOOrW aaMUa. a rich Wn 1 .tbnplMe 1 also wish to receive the following serAces (for an 4b. rw as ame a, s .oarMa ?r rd d eddnu an er raw" of eft Mn ee Ow we cm Mum the v ¦ ? ¦PM ya extra foe): . vou yy u twd to h eke loan to the soot of tlr mWOea, or M00 back M peas dome not sA ft ec t. O Addressee's Address ? pe m m Reap Reeueaed'ao on m*10" below sr arUW mvrtw ¦Wa 'Rr 2.¦ Restdded D6gvery u s The Rrun AK W VAI show to ~ b w0de era WWW end er "a p03trnaeter for fee. dNNred Ardds Addressed to: 4s. Arbde N umber , Z 143 612 079 Mo. Melissa J. Moreno ?b.Sew"Type 3527 September Drive Re fodl ? A Camp Hill, PA 17011 o iwr idd 0 r w 0 COD b nt 5 (OM if ra9ueefsd ? $° U 2 tsw s 38111 Ps oeiW" Dourest etum Receipt r EXHIBIT "A" Z 143 612 079 us Posts! 5w*G Receipt for Certified Mail m. tnrnence Cmereae Provided. ,_ ? «? ,. ,., ?,? ?x ?, - ,. y,_ r ?. " : N ; i3 .: u ?J ? ? ? a U - ?.: ,n n U .f z ? . x a z ? 3 p ?3 P ? Q 1 ? I Inn W ? f t i ?M,? r ? i 5 ?^z Zt r rn ." E ry h x a , y F: s r Y t fit '. . i +ru7ls 07, 2000., x +ti: yS.i ?Y f f x ? ? S -- ?! fey m ? (? r . Y" i }. ? 7 x k - I` t ?J a r r ;t G jN li 4* 'F f i a JEREMY T. FINKELMAN, Plaintiff' V. MELISSA J. MORENO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-06392 CIVIL ACTION -CUSTODY AND NOW, to wit, this 7 --day of 2000, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Jeremy T. Finkelman, and Melissa J. Moreno, Defendant, pro se, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated February 28, 2000 are adopted as an Order of Court as if set forth herein at length. BY THE Judge 3 - 8.00 Rlfg FIEU-C)r iCE OF NE; ^:' HCNOTAAY 00 MAR -8 Ali 8. 15 COME ERL,V-0 COUNTY PENNSYLVANIA JEREMY T. FINKELMAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-06392 MELISSA J. MORENO, CIVIL ACTION -CUSTODY Defendant STIPULATION REGARDING CUSTODY THIS AGRErMENT is made this day of?. 2000 by and between MELISSA J. MORENO, (hereinafter referred to as "Mother") and JEREMY T. FINKELMAN, (hereinafter referred to as "Father"). W/TNE.SSETH WHEREAS, Mother and Father are the natural parents of one (1) child, Madison Emiko Finkelman Moreno, (born August 17, 1995); WHEREAS, although no order is in place, Mother presently has majority physical custody of the child since her birth; WHEREAS, Father filed a Complaint for Custody on or about October 20, 1999 in the Court of Common Pleas of Cumberland County, Docket No. 99-06392; and WHEREAS, the parties now desire to resolve the custody action presently before this Court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. It is in the best interest of the minor child to allow the parties to share legal custody of the child. Legal custody shall includejointly making major decisions concerning the child's health, welfare, education, training and upbringing. 2. Primary physical custody of the child shall be in Mother. Partial physical custody of the child shall be with Father, as follows: n) Weekends. At Mother's request, the parties agree that Father's schedule of alternating weekend custody shall be phased in accordance with the following schedule: Father shall have custody of Madison on the following weekends from Saturday morning until Sunday evening.' January 8-9, 2000 January 29-30, 2000 2. These weekend visitations shall be expanded to include Fridays, commencing in the morning and continuing until Sunday evening: February 18, 2000 until February 20, 2000 March 10, 2000 until March 12, 2000 March 31, 2000 until April 2, 2000 3. During this phase in period, Father shall have additional custody from morning to evening on the following days in: Sunday, January 16, 2000 Sunday, February 6, 2000 Saturday March 25, 2000 The above visits shall take place in the Harrisburg area 4. The parties finally agree that May 5, 2000 shall be the last "phase-in" weekend. Thereafter, Father shall have alternating weekends from Friday evening until Sunday evening. When Madison commences school and if her school schedule includes a vacation day on either a Friday or the Monday surrounding Father's weekends, Father shall have partial custody either commencing Thursday evening prior to the day off from school or until Monday evening following the day off from school ,The parties agree to be flexible with these pick up and delivery times. Throughout this Order, "morning" shall be defined not later than 11:00 a.m. and "evening' shall be defined as approximately 6:00 p.m. in the winter and approximately 7:00 p.m. in the summer or on Sundays. b) Transportation. Presently, Father shall provide all transportation. However, the parties agree that this provision shall be revisited when Mother is able to provide transportation because of a change in circumstances. C) Summer Vacation. Both parties agree to meet and discuss a mutually agreeable schedule at least thirty (30) days before the start of summer vacation. Father's weekends will remain the same during this time. In the year 2000, Father will receive an additional three (3) days during the months of June and August. In July, his 3 days will be counted over the 4 ° of July weekend. Starting in the Summer of 2001, Father shall receive three (3) weeks of custody which shall be non-consecutive and shall include one of Father's alternating weekend. d) Jewish Holidays. Passover: In the year 2000, Father shall have Madison from Wednesday, April 19, 2000 through Friday, April 21, 2000. In subsequent years, Father shall have an additional two nights and three days to celebrate this holiday. This shall be scheduled to coincide with the first two nights of the Passover holiday. Yom Kippur, In the year 2000, Father shall have Madison for the Yom Kippur weekend. In subsequent years, Father shall have Madison from 4:00 P.M. on the day preceding Yom Kippur until 8:00 P.M. on the day following Yom Kippur for celebration of the holiday. 3. Rosh Hashanah: In the year 2000, Father shall have Madison for the Rosh Hashanah weekend. In subsequent years, Father shall have Madison from 4:00 P.M. on the day preceding Rosh Hashanah until 8:00 P.M. on the day of Rosh Hashanah. Passover: As the Passover holiday generally falls during the months of March and/or April, Father shall have custody each and every year in the evening on the day immediately prior to the first day of Passover until the third day of Passover in the evening. In the event Passover were to fall during a time which Father has his weekend custody, said Passover shall be attached to Father's weekend custody and be consecutive and uninterrupted. In the event the Passover holiday falls on Easter, Mother shall custody on Easter Sunday beginning in the evening on the Saturday before Easter Sunday until the evening of Easter Sunday. Chanukah/December Holiday School Break: The Chanukah holiday generally falls in December of each and every year. Father shall be entitled p to a total of four days over the period of the Chanukah and\or holiday school break. If no agreement can be reached, Father shall have the right to request the dates lie desires by December I" of each year. However, said days shall not include December 24", 25' or 26' unless specifically agreed to by Mother. e) December Holiday School Break. Both parties will meet and discuss this holiday break at the beginning of December to ensure that Madison will be available to spend time with all family members. Commencing in 2000, Father shall have _ additional days over and above the aforementioned custody schedule every December Holiday School break. Unless agreed to by Mother, these days shall not include December 24"', 25"' or 26". f) Thanksgiving. Commencing Thanksgiving 2000, the parties shall share every Thanksgiving holiday. In even-numbered years, Mother shall have Madison on the Wednesday prior to Thanksgiving until Friday at approximately 2:00 p.m. and Father shall have Madison on Friday at approximately 2:00 p.m. until Sunday evening. In odd numbered years, Father shall have Madison on the Wednesday evening until Friday at approximately 2:00 p.m. and Mother shall have Madison on Friday at approximately 2:00 p.m. until Sunday evening. g) Easter. Mother shall have every Easter Sunday with the child commencing on Saturday evening before Easter until the evening of Easter Sunday. h) Spring Break. The parties shall equally share the child's Spring break ( if there is one on the school calendar). This custody schedule shall not supercede Father's time for the Jewish holiday which shall not be modified and shall not alter the alternating weekend schedule. I) Mother's DayWather's Day. Father shall have the child with him on Father's Day and Mother shall have the child with her on Mother's Day. The hours for partial custody for the holidays shall be 8:00 A.M. until 7:00 P.M. j) Other Holidays. The parties shall alternate the balance of the major holidays of Memorial day, 4' of July and Labor Day. Father's first holiday under this paragraph shall be July 4, 2000. k) Superseding Schedule. The holiday and vacation schedule shall supersede all other custodial periods. I) Interim Contact. If either party is in the geographic area of the other's primary residence and there fins been no personal physical contact with the child for a period in excess of six (6) days, said parent shall, with twenty-four (24) hours 4 notice, have a right of partial custody with the child for three (3) hours. The parent exercising the right of custody shall have the obligation of providing all necessary transportation for pick up and delivery of the child for this custodial period. m) Other Times. Other times as the parties can mutually agree. 3. Miscellaneous Issues: a) Telephone Access. Each party shall have reasonable telephone access to the child while she is in the custody of the other parent. b) Discussions with the Child. The parties are prohibited from discussing child support and/or custody matters with the child or using the child to relay information concerning these matters. C) School Information. Once the child is in school, Mother shall provide Father with the following information: A copy of the child's school calendar which includes, but is not limited to, the days the child is off from school, parent/teacher conferences, school activities, aRer-school events, extra-curricular activities; 2. A copy of all reports cards, progress reports, notes from teachers concerning the child, and any information concerning the child's school or extra-curricular activities; Mother's obligation concerning the aforementioned is continuing in nature. Mother shall keep Father updated concerning the child's activities and progress. Mother shall immediately forward to Father upon her receipt of any Will mation and/or changes, additions, updates concerning the aforementioned. d) Positive Relationships. Each of the parties and any third party in the presence of the child and the party shall take all measures deemed advisable to foster a feeling of affection between the child and the other party and neither will do anything which may estrange the child from the other party or impair the child's high regard for the other party. Neither party shall do anything which may estrange the child from the other party or injure the child's opinion the parent or which may hamper the free and natural development of the child's love and respect for the other parent. e) Consultation. The parties shall consult with each other as often as may be necessary regarding matters pertaining to the child, which shall include the following: 1• Assess. Reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 2. Matters of im ortil ce. On all matters of importance relating to the child's health, education and welfare, the parties have the duty to confer with each other, with a view to adopting a harmonious policy calculated to promoting the child's best interests. This duty shall include the requirement that the parties advise and discuss with each other all important events in the child's lives, including by way of example, but not limitation to: school meetings, travel plans, medical condition, education progress and plans, summer camp arrangements, extracurricular activities, vacation plans, etc. This also includes enrollment in schools. Specifically this also includes that the parties shall consult one another prior to making any decisions in regard to the schools in which the child shall attend. 3. Location. The residences, addresses and telephone numbers where the child may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the child are in her or his custody. 4. Notice of Medical Care The scheduling of routine doctor and dental visits shall be at the discretion of Mother and, Mother will notify Father of scheduled appointments. 5. Activities, The parties shall consult one another prior to the enrollment in any activities in which the child participates such as sports, the arts or any extracurricular activities. 4. The times and periods set forth herein can be modified by mutual agreement of the parties and are contingent on weather conditions, Madison's health and proper supervision provided for Madison when in Father's custody during his work hours. At all times, Madison's safety is the primary concern. ---? J cmy' . MmkeIman 5. Mother acknowledges that she has been advised of her right to have counsel represent her in this matter. She further acknowledges that she has had the opportunity to have this Stipulation reviewed by counsel of her own choosing. The parties both acknowledge that they are entering into this agreement voluntarily and with full knowledge that this agreement will be entered as a court order with the same force and effect as if a full hearing on this matter has been held. 6. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ?Gu OL Witness LGIo?,C ?r I /?? VLtLG Witness elissa J. ren 7 ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this, the day of,GLb f , 2000, before me, the undersigned officer, personally appeared JEREMY T. FINKELMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my Notary P MCE: eerue?e ? ?y pum 15. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the Y"o day of a(t? , 2000, before me, the undersigned officer, personally appeared MELISSA J. MORENO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. aJ - nrauJa (SEAL) otaryPublic MCE: NOTARIAL SEAL CINDY S. CONAWAY, Notary public My CommdlsstlWint` plreshh arCtA 2), 2000